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California Civil Code Section 914

Legal Research Home > California Laws > Civil Code > California Civil Code Section 914

(a) This chapter establishes a nonadversarial procedure,
including the remedies available under this chapter which, if the
procedure does not resolve the dispute between the parties, may
result in a subsequent action to enforce the other chapters of this
title. A builder may attempt to commence nonadversarial contractual
provisions other than the nonadversarial procedures and remedies set
forth in this chapter, but may not, in addition to its own
nonadversarial contractual provisions, require adherence to the
nonadversarial procedures and remedies set forth in this chapter,
regardless of whether the builder's own alternative nonadversarial
contractual provisions are successful in resolving the dispute or
ultimately deemed enforceable.
   At the time the sales agreement is executed, the builder shall
notify the homeowner whether the builder intends to engage in the
nonadversarial procedure of this section or attempt to enforce
alternative nonadversarial contractual provisions. If the builder
elects to use alternative nonadversarial contractual provisions in
lieu of this chapter, the election is binding, regardless of whether
the builder's alternative nonadversarial contractual provisions are
successful in resolving the ultimate dispute or are ultimately deemed
enforceable.
   (b) Nothing in this title is intended to affect existing statutory
or decisional law pertaining to the applicability, viability, or
enforceability of alternative dispute resolution methods, alternative
remedies, or contractual arbitration, judicial reference, or similar
procedures requiring a binding resolution to enforce the other
chapters of this title or any other disputes between homeowners and
builders. Nothing in this title is intended to affect the
applicability, viability, or enforceability, if any, of contractual
arbitration or judicial reference after a nonadversarial procedure or
provision has been completed.

Last modified: February 13, 2012